Working with interpreters

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You’ve hired an interpreter for your non-English-speaking client. You begin the conversation with “How are you today?” and it takes the interpreter 30 seconds to come up with how to communicate that – or, conversely, the interpreter speaks for 30 seconds straight.

Either way, you should be wondering if you’ve hired the right interpreter.

That’s according to attorney Elizabeth Bruderle-Baran, the owner of Language Source LLC in Wauwatosa, an agency that provides interpreters to professionals mostly in the legal and medical fields throughout southeastern Wisconsin and Northern Illinois.

If you haven’t had the need to work with an interpreter in your practice yet, chances are good you will in the future.

Consider statistics from the 1990 U.S. Census: roughly 14 percent, or 31.8 million people, reported speaking languages at home other than English. In 2000, those figures had increased to 18 percent and 47 million, respectively.

And you shouldn’t allow a member of the client’s family to handle the interpreting. Patricia Z. Risser, of Legal Action of Wisconsin Inc. in Milwaukee, said they sometimes have clients suggest that as a way to keep costs down. But according to Risser, family members just aren’t qualified.

Here are some factors to consider in selecting an interpreter:

Agency vs. individual

Lynn M. Leazer, a Madison-based freelance Spanish interpreter who has worked extensively in both state and federal court in Wisconsin, said that as a general rule, directly engaging an interpreter can be more cost-effective.

But if your firm has a frequent, on-going need for interpreters of multiple languages, you might consider contracting with an agency and negotiating a rate with that in mind.

Beth A. Richlen is an attorney at Wisconsin Judicare Inc. in Wausau, a non-profit that works with low-income clients. They always make that fact clear when hiring either an agency or an individual, in the hopes that they’ll obtain a better rate.

Another benefit to using an agency, says Bruderle-Baran, is that it might offer depth of coverage. If you need an interpreter for a fairly esoteric language, an agency is more likely to have a backup plan, should one of its interpreters suddenly become unavailable.

Consider speaking ability

You need to ask if the interpreter is a native speaker, or has native fluency, said Bruderle-Baran.

“If the interpreter is someone who just learned the language in high school or college, in a legal situation they will probably get lost very quickly,” she said.

She explained that the American Council on the Teaching of Foreign Languages (ACTFL) has created proficiency guidelines to describe a person’s ability to speak a language, from “novice low” to “superior.” Ask where the interpreter falls on that scale.

Ask background questions

Leazer suggested asking about degrees, certifications, whether the interpreter has lived or worked in a foreign country, where the interpreter has worked domestically in the past and for whom, and whether the interpreter can provide references.

In addition, Bruderle-Baran said that you should ask about the interpreter’s experience in the legal field, and describe with particularity your need.

Do you need a Mandarin Chinese speaker who can translate engineering or IT terms? Do you need someone to appear in court, or just with litigation support? A reputable agency should either tell you whether it has interpreters on staff that can meet that need, or refer you elsewhere.

Richlen noted that if you select an interpreter who’s never done legal work before, it’s crucial to instruct them about the importance of confidentiality on his or her part.

Simultaneous or consecutive translation?

In the courtroom, the interpretation is simultaneous, so that as the words are spoken, the translator is “essentially whispering the words into your ear in your language,” explained Bruderle-Baran. This contrasts with consecutive interpretation, where someone talks, followed by the interpreter’s translation.

Her agency does primarily consecutive work. Lawyers who need simultaneous interpreters need to mention that up front, she said.

Risser noted that simultaneous translation is faster. But when accuracy is the goal, in her experience it’s better to use consecutive.

Ask about preexisting relationships

Risser said that some immigrant communities in Wisconsin are fairly small and closely-knit.

She makes it a point to ask if there are past entanglements or other reasons that a client and an interpreter cannot work together.

Once you’ve selected your interpreter, here are some suggestions for making the experience go smoothly:

Do your homework about the client’s language

As basic as this might sound, remember that there may be dialects or multiple languages spoken within a country or region — not everyone who’s Russian speaks the Russian language, noted Risser.

Set the ground rules

The first time Richlen used an interpreter to interview a client was extremely disconcerting. At one point, everyone in the room was speaking at once, and all in a language she didn’t understand.

She’s now learned to tell everyone in advance about the importance of one person speaking at a time. She also asks that the exact words be translated — not summaries.

Speak slowly and avoid run-ons

It’s hard for people to moderate their rate of speech, Leazer acknowledged. But, if you know you’re a fast-talker, try to slow down.

“At times we have to remember very long, convoluted sentences,” she said. “I understand that — especially with testimony, people want to tell their story. Still, sometimes we have to interrupt them, even though we hate to cut off their train of thought, because we can only hold so much in our short-term memory.”

Focus on the witness

It’s just human nature to say, “Ask her if she …” to the interpreter. But it’s to be avoided, said Bruderle-Baran. Make eye contact with the client or witness directly when speaking to him or her.

“The interpreter is merely a conduit for the language, and should seem as invisible as possible,” said Leazer.

Avoid technical jargon or slang

If you’ve ever studied a foreign language yourself, you know that some expressions do not directly translate into another language, Leazer said.

Plan for frequent breaks

Interpreting is exhausting, said Leazer.

When using simultaneous translation, the American Translators Association and the National Association of Judiciary Interpreters and Translators recommend a break for the translator after 20 minutes. One way around this is to hire team interpreters. As for consecutive interpretation, a break is typically in order after one hour of work.

With that in mind, Richlen suggested making sure that you have set aside
enoug
h time for sessions that involve interpreters.

“Sometimes you need to ask the question more than one way to get the correct answer,” she noted. And it’s important at the end of the session to ask if the client has any questions, and to summarize what’s been said.